HLS 21RS-812 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 450
BY REPRESENTATIVE COX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HOUSING/MANUFACTURED: Provides relative to the Louisiana Manufactured Housing
Commission
1 AN ACT
2To amend and reenact R.S. 15:587(A)(1)(a), R.S. 51:911.24(I)(1), (2), and (J)(1), 912.3(1),
3 912.5(A), and 912.27(A)(3) and to enact R.S. 15:587(A)(1)(k), R.S. 51:911.22(14),
4 911.24(I)(3), and 912.21(14), relative to the Louisiana Manufactured Housing
5 Commission; to provide for the collection of criminal history record information on
6 applicants for licensure; to provide for the suspension of continuing education
7 requirements; to provide for definitions; to provide for technical changes; and to
8 provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 15:587(A)(1)(a) is hereby amended and reenacted and R.S.
1115:587(A)(1)(k) is hereby enacted to read as follows:
12 §587. Duty to provide information; processing fees; Louisiana Bureau of Criminal
13 Identification and Information
14 A.(1)(a) The bureau shall make available upon request, or at such other times
15 as the deputy secretary shall designate, to any eligible criminal justice agency and
16 the Louisiana Department of Education, the Louisiana Department of Health, the
17 state fire marshal when reviewing applications for licensure, the Louisiana
18 Manufactured Housing Commission when reviewing applications for licensure, the
19 Department of Children and Family Services, the Department of Insurance, the
20 Louisiana State Racing Commission, the Senate and Governmental Affairs
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HB NO. 450
1 Committee, the House and Governmental Affairs Committee, the secretary of the
2 Louisiana Workforce Commission or his designee, the Board of River Port Pilot
3 Commissioners, the Office of Financial Institutions in the office of the governor, the
4 office of the disciplinary counsel of the Louisiana Attorney Disciplinary Board of the
5 Louisiana State Bar Association; however, as to any licensed attorney such
6 information shall be provided only after the issuance of a formal charge against the
7 attorney, the Louisiana Supreme Court Committee on Bar Admissions, the municipal
8 or parish department or personnel responsible for reviewing applications for
9 alcoholic beverage outlet permits, and the legislative auditor any information
10 contained in the criminal history record and identification files of the bureau. The
11 Department of Children and Family Services may provide information secured
12 pursuant to this Subsection to all federal and state agencies providing child support
13 enforcement services.
14 * * *
15 (k) The Louisiana Manufactured Housing Commission shall submit
16 fingerprint cards and other identifying information of persons seeking licensure
17 pursuant to R.S. 51:911.21 et seq. to the bureau. The bureau shall, upon request and
18 after receipt of fingerprint cards and other identifying information from the
19 Louisiana Manufactured Housing Commission, make available to the Louisiana
20 Manufactured Housing Commission all arrest and conviction information contained
21 in the bureau's criminal history record and identification files which pertain to the
22 person seeking licensure with the Louisiana Manufactured Housing Commission.
23 Section 2. R.S. 51:911.24(I)(1), (2), and (J)(1), 912.3(1), 912.5(A), and 912.27(A)(3)
24are hereby amended and reenacted and R.S. 51:911.22(14), 911.24(I)(3), and 912.21(14) are
25hereby enacted to read as follows:
26 §911.22. Definitions
27 As used in this Part, unless the context requires a different definition:
28 * * *
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HB NO. 450
1 (14) "Extraordinary circumstances" means a federally declared disaster, a
2 gubernatorially declared disaster or emergency, a pandemic, or an illness or
3 emergency medical condition.
4 * * *
5 §911.24. License required; qualifications; application; issuance; transfer; criminal
6 history record information
7 * * *
8 I.(1) The commission shall have the authority to:
9 (1) Request request and obtain from the Department of Public Safety and
10 Corrections, Bureau of Criminal Identification and Information, hereinafter referred
11 to as the "bureau", criminal history record information as defined in R.S.
12 51:911.22(3) on any person applying for any license which the commission is
13 authorized by law to issue and shall pay a fee as specified in R.S. 15:587.
14 (2) The applicant shall submit fingerprints and other identifying information
15 to the commission, which shall then submit such information to the bureau, and the
16 bureau shall, upon request of the commission and after receipt of the fingerprint card
17 and other identifying information from the commission, make available to the
18 commission all arrest and conviction information contained in the bureau's criminal
19 history record and identification files which pertain to the applicant.
20 Charge (3) The commission shall have the authority to charge and collect
21 from an applicant for any license which the board is authorized to issue, in addition
22 to all other applicable fees and costs, such amount as may be incurred by the
23 commission in requesting and obtaining criminal history record information on the
24 applicant.
25 J.(1) Prior to January 1, 2005, and each year thereafter, all All retailers and
26 developers shall annually take a commission-approved continuing education course.
27 The individual required to attend the continuing education course is the individual
28 license holder; for corporations, an officer or manager; for partnerships, a partner or
29 manager. The commission shall set the educational requirements and approve
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1 providers and the course materials for all continuing education classes. The
2 commission shall have the authority to suspend these continuing education
3 requirements, for one or more licensees, if the commission, in its discretion,
4 determines such action is warranted due to extraordinary circumstances.
5 * * *
6 §912.3. Definitions
7 For purposes of this Part, the following words, phrases, and terms are defined
8 and construed as follows:
9 (1) "Builder" means a person or an entity that designs, manufactures, or
10 constructs homes, including dealers, developers, manufacturers, and installers,
11 whether or not the consumer purchased the underlying real estate with the home or
12 the builder initially occupied the home as his residence. means the dealer who sold
13 the home, the manufacturer who constructed the home or any section of the home if
14 it is a multi-section home, the installer who installed the home, any person or entity
15 that designed, manufactured, or constructed the home, whether or not the consumer
16 purchased the underlying real estate with the home or the builder initially occupied
17 the home as his residence, or any person or entity licensed by the commission.
18 * * *
19 §912.5. Required notice
20 A. Before undertaking any repair himself or instituting any action for breach
21 of warranty, the owner shall give the commission written notice on each individual
22 home that is defective by filling out the consumer complaint form provided by the
23 commission and submitting it by registered or certified mail within one year after
24 knowledge of the defect, advising the commission of all defects in the individual
25 home. The commission shall then have the individual home inspected and a
26 determination made on all defects listed by the owner. Thereafter, the commission
27 shall give the appropriate builder a reasonable opportunity to comply with the
28 provisions of this Part. Once the repairs are made, the commission shall have the
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1 home reinspected to determine if the repairs have been made in compliance with the
2 building standards.
3 * * *
4 §912.21. Definitions
5 For the purposes of this Part, the following words have the following
6 meanings:
7 * * *
8 (14) "Extraordinary circumstances" means a federally declared disaster, a
9 gubernatorially declared disaster or emergency, a pandemic, or an illness or
10 emergency medical condition.
11 * * *
12 §912.27. Licensure of installers and transporters; adoption of rules; compliance with
13 installation instructions; disposition of fees
14 A.
15 * * *
16 (3) Installers shall be required to attend one continuing education course per
17 year. The individual required to attend the continuing education course is the
18 individual license holder. For corporations, an officer of the corporation shall attend
19 the course. For partnerships, a partner shall attend the course. The commission shall
20 set the educational requirements and approve educational course providers and the
21 course materials for all continuing education classes. The commission shall have the
22 authority to suspend these continuing education requirements, for one or more
23 licenses, if the commission, in its discretion, determines such action is warranted due
24 to extraordinary circumstances.
25 * * *
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 450 Reengrossed 2021 Regular Session Cox
Abstract: Provides for the procedure for obtaining criminal history record information,
changes the definition of builder, and gives the commission authority to suspend
continuing education requirements.
Present law requires the Dept. of Public Safety and Corrections, Bureau of Criminal
Identification and Information (bureau) to provide certain agencies with requested criminal
history information.
Proposed law retains present law and adds the Louisiana Manufactured Housing
Commission to the list of agencies when the commission is reviewing applications for
licensure.
Proposed law requires the commission to submit necessary information about licensure
applicants to the bureau in order for the bureau to make the bureau's criminal history record
pertaining to the applicant available to the commission.
Present law authorizes the La. Manufactured Housing Commission to obtain criminal history
record information from the bureau on applicants for any license issued by the commission.
Further, present law authorizes the commission to charge and collect a fee from an applicant
to cover the cost of obtaining the applicant's criminal history record information.
Proposed law retains present law and requires the applicant to submit fingerprints and
necessary information to the commission, who shall submit the information to the bureau,
and requires the bureau to provide the commission with the applicant's criminal history
record information.
Proposed law defines "extraordinary circumstances".
Present law requires the commission to set continuing education requirements and approve
providers and materials for continuing education courses.
Proposed law retains present law and authorizes the commission to suspend the continuing
education requirements under extraordinary circumstances.
Present law defines a builder to mean a person or an entity that designs, manufactures, or
constructs homes, including dealers, developers, manufacturers, and installers, whether or
not the consumer purchased the underlying real estate with the home or the builder initially
occupied the home as his residence.
Proposed law repeals present law and defines a builder as the dealer who sold the home, the
manufacturer who constructed the home or any section of the home if it is a multi-section
home, the installer who installed the home, any person or an entity that designed,
manufactured, or constructed the home, whether or not the consumer purchased the
underlying real estate with the home or the builder initially occupied the home as his
residence, or any person or entity licensed by the commission.
Present law requires the owner to give written notice of defects to the commission by
following certain procedures, and requires the commission to give the appropriate builder
a reasonable opportunity to comply with present law.
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Proposed law retains present law and adds that notice shall be required for each individual
home that is defective.
Proposed law defines "extraordinary circumstances".
Present law requires installers to attend one continuing education course per year and
requires the commission to set continuing education requirements and approve providers and
materials for continuing education courses.
Proposed law retains present law and authorizes the commission to suspend the continuing
education requirements under extraordinary circumstances.
(Amends R.S. 15:587(A)(1)(a), R.S. 51:911.24(I)(1), (2), and (J)(1), 912.3(1), 912.5(A), and
912.27(A)(3); Adds R.S. 15:587(A)(1)(k), R.S. 51:911.22(14), 911.24(I)(3), and 912.21(14))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Add a provision requiring the Dept. of Public Safety and Corrections, Bureau of
Criminal Identification and Information to make criminal record information
available to the commission upon request.
3. Add a provision requiring the commission to submit necessary information about
an applicant for licensure to the bureau in order for the bureau to make criminal
record information about the applicant available to the bureau.
4. Define "extraordinary circumstances".
5. Add a provision which limits the scope of the commission's authority to suspend
continuing education requirements authorized pursuant to proposed law to
authorize the commission to suspend such requirements due to extraordinary
circumstances.
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